80 FR 55015 - Importation of Citrus From Peru; Expansion of Citrus-Growing Area
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 80, Issue 177 (September 14, 2015)
Animal and Plant Health Inspection Service
Federal Register Volume 80, Issue 177 (September 14, 2015)
| Page Range | 55015-55016 | |
| FR Document | 2015-23039 |
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)] [Rules and Regulations] [Pages 55015-55016] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23039] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations [[Page 55015]] DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2015-0005] RIN 0579-AE09 Importation of Citrus From Peru; Expansion of Citrus-Growing Area AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending the fruits and vegetable regulations to allow citrus fruit from the entire country of Peru to be imported into the continental United States. Currently, the regulations allow the importation of citrus fruit to the United States from five approved citrus-producing zones in Peru, subject to a systems approach. However, based on the findings of a pest list and commodity import evaluation document, we have determined that this systems approach also mitigates the plant pest risk associated with citrus fruit produced in all other areas of Peru. This action will allow the importation of citrus fruit from the entire country of Peru while continuing to provide protection against the introduction of plant pests into the continental United States. DATES: Effective September 14, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 851-2242. SUPPLEMENTARY INFORMATION: Background The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56-1 through 319.56-72, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into the United States from certain parts of the world to prevent the introduction and dissemination of plant pests within the United States. The regulations in Sec. 319.56-41 have provided conditions for the importation of citrus from five approved citrus-producing zones in Peru. On May 1, 2015, we published in the Federal Register (80 FR 24838- 24840, Docket No. APHIS-2015-0005) a proposal \1\ to amend Sec. 319.56-41 to allow citrus from the entire country of Peru to be imported into the continental United States based on the findings of a pest list and commodity import evaluation document (CIED). --------------------------------------------------------------------------- \1\ To view the proposed rule, pest list, CIED, and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0005. --------------------------------------------------------------------------- We solicited comments on the proposal, pest list, and CIED for 60 days ending June 30, 2015. We received 13 comments by that date. They were from producers, exporters, representatives of State and foreign governments, U.S. citrus industry representatives, a chamber of commerce, a pork producers organization, a port representative, and private citizens. All of the commenters supported the action; however, one commenter asked if the citrus would be required to undergo cold treatment. As explained in the proposal, citrus from Peru may be imported into the continental United States under a systems approach designated to mitigate the risk presented by four species of fruit fly (Anastrepha fraterculus, A. obliqua, A. serpentina, and Ceratitis capitata) and a Tortricid (Ecdytolopha aurantiana). One of the conditions of the systems approach requires that citrus from Peru, except limes, be cold treated for fruit flies in accordance with 7 CFR part 305. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the Federal Register. Immediate implementation of this rule is necessary to provide relief to those persons who are adversely affected by restrictions we no longer find warranted. The shipping season for citrus from Peru is in progress. Making this rule effective immediately will allow interested producers and others in the marketing chain to benefit during this year's shipping season. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon publication in the Federal Register. Executive Order 12866 and Regulatory Flexibility Act This final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. In accordance with the Regulatory Flexibility Act, we have analyzed the potential economic effects of this action on small entities. The analysis is summarized below. Copies of the full analysis are available on the Regulations.gov Web site (see footnote 1 in this document for a link to Regulations.gov) or by contacting the person listed under FOR FURTHER INFORMATION CONTACT. The regulations have allowed the importation of fresh grapefruit, lime, mandarin, orange, tangerine or hybrids, sweet orange, and tangelo from five approved citrus-producing zones in Peru to the United States. This rule will allow the importation of these fruits from the entire country of Peru into the continental United States under the same conditions that have been in place for the five zones. This change is expected to increase the area in Peru approved to produce citrus for export to the United States to about 1,500 hectares over 3 years. Additional volumes of citrus expected to be shipped to the United States are 5,000 metric tons (MT) in the first year that the rule is in effect, 6,500 MT in the second year, and 8,000 MT in the third year. These quantities are equivalent to less than 1 percent of annual U.S. citrus production or U.S. citrus imports. The primary entities that may be affected by this rule are citrus producers, citrus importers, and support industries such as packinghouses. Based on data from the 2012 Census of Agriculture and Small Business Administration small-entity standards, the majority of these operations are small. [[Page 55016]] Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows citrus to be imported into the continental United States from the entire country of Peru. State and local laws and regulations regarding citrus imported under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits are generally imported for immediate distribution and sale to the consuming public, and remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. No retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection or recordkeeping requirements included in this final rule, which were filed under 0579-0433, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the Federal Register providing notice of what action we plan to take. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the Internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we are amending 7 CFR part 319 as follows: PART 319--FOREIGN QUARANTINE NOTICES 0 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. Sec. 319.56-41 [Amended] 0 2. Section 319.56-41 is amended as follows: 0 a. In the introductory text, by adding the word ``continental'' between the words ``the'' and ``United States''. 0 b. By removing paragraph (c). 0 c. By redesignating paragraphs (d) through (h) as paragraphs (c) through (g), respectively. 0 d. By adding the words ``(Approved by the Office of Management and Budget under control number 0579-0433)'' at the end of the section. Done in Washington, DC, this 9th day of September 2015. Michael C. Gregoire, Associate Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2015-23039 Filed 9-11-15; 8:45 am] BILLING CODE 3410-34-P
![55015
Rules and Regulations Federal Register
Vol. 80, No. 177
Monday, September 14, 2015
This section of the FEDERAL REGISTER importation of fruits and vegetables into affected by restrictions we no longer
contains regulatory documents having general the United States from certain parts of find warranted. The shipping season for
applicability and legal effect, most of which the world to prevent the introduction citrus from Peru is in progress. Making
are keyed to and codified in the Code of and dissemination of plant pests within this rule effective immediately will
Federal Regulations, which is published under the United States. The regulations in allow interested producers and others in
50 titles pursuant to 44 U.S.C. 1510.
§ 319.56–41 have provided conditions the marketing chain to benefit during
The Code of Federal Regulations is sold by for the importation of citrus from five this year’s shipping season. Therefore,
the Superintendent of Documents. Prices of approved citrus-producing zones in the Administrator of the Animal and
new books are listed in the first FEDERAL Peru. Plant Health Inspection Service has
REGISTER issue of each week. On May 1, 2015, we published in the determined that this rule should be
Federal Register (80 FR 24838–24840, effective upon publication in the
Docket No. APHIS–2015–0005) a Federal Register.
DEPARTMENT OF AGRICULTURE proposal 1 to amend § 319.56–41 to Executive Order 12866 and Regulatory
allow citrus from the entire country of Flexibility Act
Animal and Plant Health Inspection Peru to be imported into the continental
Service United States based on the findings of This final rule has been determined to
a pest list and commodity import be not significant for the purposes of
7 CFR Part 319 evaluation document (CIED). Executive Order 12866 and, therefore,
[Docket No. APHIS–2015–0005] We solicited comments on the has not been reviewed by the Office of
proposal, pest list, and CIED for 60 days Management and Budget.
RIN 0579–AE09
ending June 30, 2015. We received 13 In accordance with the Regulatory
comments by that date. They were from Flexibility Act, we have analyzed the
Importation of Citrus From Peru; potential economic effects of this action
Expansion of Citrus-Growing Area producers, exporters, representatives of
State and foreign governments, U.S. on small entities. The analysis is
AGENCY: Animal and Plant Health citrus industry representatives, a summarized below. Copies of the full
Inspection Service, USDA. chamber of commerce, a pork producers analysis are available on the
organization, a port representative, and Regulations.gov Web site (see footnote 1
ACTION: Final rule.
private citizens. All of the commenters in this document for a link to
SUMMARY: We are amending the fruits supported the action; however, one Regulations.gov) or by contacting the
and vegetable regulations to allow citrus commenter asked if the citrus would be person listed under FOR FURTHER
fruit from the entire country of Peru to INFORMATION CONTACT.
required to undergo cold treatment.
be imported into the continental United The regulations have allowed the
As explained in the proposal, citrus
States. Currently, the regulations allow importation of fresh grapefruit, lime,
from Peru may be imported into the
the importation of citrus fruit to the mandarin, orange, tangerine or hybrids,
continental United States under a
United States from five approved citrus- sweet orange, and tangelo from five
systems approach designated to mitigate
producing zones in Peru, subject to a approved citrus-producing zones in
the risk presented by four species of
systems approach. However, based on Peru to the United States. This rule will
fruit fly (Anastrepha fraterculus, A.
the findings of a pest list and allow the importation of these fruits
obliqua, A. serpentina, and Ceratitis from the entire country of Peru into the
commodity import evaluation capitata) and a Tortricid (Ecdytolopha
document, we have determined that this continental United States under the
aurantiana). One of the conditions of same conditions that have been in place
systems approach also mitigates the the systems approach requires that
plant pest risk associated with citrus for the five zones. This change is
citrus from Peru, except limes, be cold expected to increase the area in Peru
fruit produced in all other areas of Peru. treated for fruit flies in accordance with
This action will allow the importation approved to produce citrus for export to
7 CFR part 305. the United States to about 1,500
of citrus fruit from the entire country of Therefore, for the reasons given in the
Peru while continuing to provide hectares over 3 years. Additional
proposed rule, we are adopting the volumes of citrus expected to be
protection against the introduction of proposed rule as a final rule, without
plant pests into the continental United shipped to the United States are 5,000
change. metric tons (MT) in the first year that
States.
Effective Date the rule is in effect, 6,500 MT in the
DATES: Effective September 14, 2015. second year, and 8,000 MT in the third
FOR FURTHER INFORMATION CONTACT: Mr. This is a substantive rule that relieves
year. These quantities are equivalent to
Tony Román, Senior Regulatory Policy restrictions and, pursuant to the
less than 1 percent of annual U.S. citrus
Specialist, PPQ, APHIS, 4700 River provisions of 5 U.S.C. 553, may be made
production or U.S. citrus imports.
Road Unit 39, Riverdale, MD 20737– effective less than 30 days after The primary entities that may be
1231; (301) 851–2242. publication in the Federal Register. affected by this rule are citrus
Immediate implementation of this producers, citrus importers, and support
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
rule is necessary to provide relief to industries such as packinghouses. Based
Background those persons who are adversely on data from the 2012 Census of
The regulations in ‘‘Subpart—Fruits 1 To view the proposed rule, pest list, CIED, and
Agriculture and Small Business
and Vegetables’’ (7 CFR 319.56–1 the comments we received, go to http://
Administration small-entity standards,
through 319.56–72, referred to below as www.regulations.gov/#!docketDetail;D=APHIS- the majority of these operations are
the regulations) prohibit or restrict the 2015-0005. small.
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![55016 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
Under these circumstances, the PART 319—FOREIGN QUARANTINE requirements of the systems approach.
Administrator of the Animal and Plant NOTICES This action allows for the importation of
Health Inspection Service has untreated fresh peppers from Peru while
determined that this action will not ■ 1. The authority citation for part 319 continuing to provide protection against
have a significant economic impact on continues to read as follows: the introduction of plant pests into the
a substantial number of small entities. Authority: 7 U.S.C. 450, 7701–7772, and continental United States and the
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR Territories.
Executive Order 12988 2.22, 2.80, and 371.3. DATES: Effective October 14, 2015.
This final rule allows citrus to be § 319.56–41 [Amended] FOR FURTHER INFORMATION CONTACT: Mr.
imported into the continental United George Balady, Senior Regulatory Policy
■ 2. Section 319.56–41 is amended as Specialist, Plant Health Programs, PPQ,
States from the entire country of Peru.
follows: APHIS, 4700 River Road Unit 133,
State and local laws and regulations ■ a. In the introductory text, by adding
regarding citrus imported under this Riverdale, MD 20737; (301) 851–2240.
the word ‘‘continental’’ between the
rule will be preempted while the fruit SUPPLEMENTARY INFORMATION:
words ‘‘the’’ and ‘‘United States’’.
is in foreign commerce. Fresh fruits are ■ b. By removing paragraph (c). Background
generally imported for immediate ■ c. By redesignating paragraphs (d)
distribution and sale to the consuming The regulations in ‘‘Subpart–Fruits
through (h) as paragraphs (c) through and Vegetables’’ (7 CFR 319.56–1
public, and remain in foreign commerce (g), respectively. through 319.56–72, referred to below as
until sold to the ultimate consumer. The ■ d. By adding the words ‘‘(Approved the regulations) prohibit or restrict the
question of when foreign commerce by the Office of Management and importation of fruits and vegetables into
ceases in other cases must be addressed Budget under control number 0579– the United States from certain parts of
on a case-by-case basis. No retroactive 0433)’’ at the end of the section. the world to prevent the introduction
effect will be given to this rule, and this Done in Washington, DC, this 9th day of and dissemination of plant pests that are
rule will not require administrative September 2015. new to or not widely distributed within
proceedings before parties may file suit Michael C. Gregoire, the United States.
in court challenging this rule. Associate Administrator, Animal and Plant On April 24, 2015, we published in
Health Inspection Service. the Federal Register (80 FR 22934–
Paperwork Reduction Act
[FR Doc. 2015–23039 Filed 9–11–15; 8:45 am] 22938, Docket No. APHIS–2014–0028) a
In accordance with section 3507(d) of BILLING CODE 3410–34–P
proposal 1 to amend the regulations in
the Paperwork Reduction Act of 1995 order to allow the common chili pepper
(44 U.S.C. 3501 et seq.), the information (Capsicum annuum L.), aji pepper
collection or recordkeeping DEPARTMENT OF AGRICULTURE (Capsicum baccatum L.), habanero chili
requirements included in this final rule, (Capsicum chinense Jacq.), Thai pepper
which were filed under 0579–0433, Animal and Plant Health Inspection (Capsicum frutescens L.), and rocoto
have been submitted for approval to the Service (Capsicum pubescens Ruiz & Pav.)
(hereafter we refer to these species as
Office of Management and Budget
7 CFR Part 319 ‘‘fresh peppers’’) to be imported into the
(OMB). When OMB notifies us of its
continental United States and the
decision, if approval is denied, we will [Docket No. APHIS–2014–0028]
Territories (the Commonwealth of
publish a document in the Federal RIN 0579–AD97 Northern Mariana Islands, the
Register providing notice of what action Commonwealth of Puerto Rico, Guam,
we plan to take. Importation of Fresh Peppers From the Virgin Islands of the United States,
Peru into the Continental United States and any other territory or possession of
E-Government Act Compliance
and the Territories the United States).
The Animal and Plant Health AGENCY: Animal and Plant Health We prepared a pest risk assessment
Inspection Service is committed to Inspection Service, USDA. (PRA) and a risk management document
compliance with the E-Government Act (RMD) to accompany the proposed rule.
ACTION: Final rule. Based on the conclusions of the PRA
to promote the use of the Internet and
other information technologies, to SUMMARY: We are amending the fruits and the RMD, we proposed to allow the
provide increased opportunities for and vegetables regulations to allow the importation of fresh peppers from Peru
citizen access to Government importation of fresh peppers into the into the continental United States and
information and services, and for other continental United States and the the Territories, provided that the fresh
purposes. For information pertinent to Territories from Peru. As a condition of peppers were produced in accordance
E-Government Act compliance related entry, the fruit will have to be produced with a systems approach consisting of
to this rule, please contact Ms. Kimberly in accordance with a systems approach the following requirements: Provision of
Hardy, APHIS’ Information Collection that includes requirements for fruit fly an operational workplan to the Animal
Coordinator, at (301) 851–2727. trapping, pre-harvest inspections, and Plant Health Inspection Service
production sites, and packinghouse (APHIS) by the national plant protection
List of Subjects in 7 CFR Part 319 procedures designed to exclude organization (NPPO) of Peru;
quarantine pests. The fruit will also be importation in commercial
Coffee, Cotton, Fruits, Imports, Logs, consignments only; fresh peppers grown
Nursery stock, Plant diseases and pests, required to be imported in commercial
tkelley on DSK3SPTVN1PROD with RULES
consignments and accompanied by a in a pest-free, pest-exclusionary
Quarantine, Reporting and structure approved by and registered
recordkeeping requirements, Rice, phytosanitary certificate issued by the
Vegetables. national plant protection organization of 1 To view the proposed rule, supporting
Peru with an additional declaration documents, and the comments we received, go to
Accordingly, we are amending 7 CFR stating that the consignment was http://www.regulations.gov/#!docketDetail;D=
part 319 as follows: produced in accordance with the APHIS-V2014-0028.
VerDate Sep<11>2014 16:26 Sep 11, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\14SER1.SGM 14SER1](https://thefederalregister.org/doc/80_FR_55192/page/2.svg)
Document Created: 2018-02-26 10:14:49
Document Modified: 2018-02-26 10:14:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective September 14, 2015. | |
| Contact | Mr. Tony Rom[aacute]n, Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231; (301) 851-2242. | |
| FR Citation | 80 FR 55015 | |
| RIN Number | 0579-AE09 | |
| CFR Associated | Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables |
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